§ 5-1-255. EXEMPTION FROM EXECUTION.

(a)

Except as provided in this section, the right of a person to a pension, an annuity, or a retirement allowance, to the return of contributions, the pension, annuity, or retirement allowance itself, any optional benefit or death benefit, or any other right accrued or accruing to any person under the provisions of this subtitle, and the moneys in the various funds created by this subtitle, shall not be subject to execution, garnishment, attachment, or any other process whatsoever and shall be unassignable.

(b)

A benefit under this title shall be payable:

(1)

In accordance with the provisions of any judgment, decree, or order that:

(i)

Creates for, or assigns to, a spouse, former spouse, child, or other dependent of a member the right to receive all or a portion of the member's benefits under the retirement system for the purpose of providing child support, alimony payments, or marital property rights to that spouse, former spouse, child, or dependent;

(ii)

Is issued in accordance with a state domestic relations law;

(iii)

Does not require the retirement system to provide any type of benefit or any option not otherwise provided under the retirement system; and

(iv)

Otherwise meets the requirements of § 206(d) of ERISA, as amended, as a "qualified domestic relations order" as determined by the Board of Trustees;

(2)

As required because of enforcement of a federal tax levy made in accordance with § 6331 of the Internal Revenue Code or the collection by the United States on a judgment resulting from an unpaid tax assessment; or

(3)

As otherwise provided in this subtitle.

(1988 Code, § 23-93) (Bill No. 32-03, § 1, 7-1-2004; Bill No. 30-10, § 2, 7-1-2010)